Corporate Litigants Going on the Offensive: Using E-Discovery Cost Shifting to Gain a Strategic AdvantageSeptember 29, 2011 – Articles Corporate Counsel
The boom in electronic discovery in the last decade has created expensive headaches for corporate defendants. They have been forced to incur costs amounting to hundreds of thousands or even millions of dollars to preserve, search and produce electronically stored information or else risk harsh sanctions from noticeably unsympathetic courts. Recent federal court decisions, however, may be signaling somewhat of a pendulum swing, at least with respect to shifting significant portions of e-discovery costs to unsuccessful plaintiffs. Savvy defendants will want to use these recent cases both to reduce up-front discovery costs and as leverage in settlement negotiations.